WASHINGTON (AP) — A federal judge on Monday rejected Hunter Biden’s latest request to drop tax charges against him, setting the stage for his trial scheduled to begin next month in California.
Citing a Florida ruling that dismissed a separate prosecution of former President Donald Trump, Hunter Biden’s lawyers had asked the judge to dismiss the lawsuit accusing him of evading at least $1.4 million in taxes over a four-year period.
U.S. District Judge Aileen Cannon dismissed Trump’s classified documents case last month because she said special counsel Jack Smith, who brought the charge, was illegally appointed by the Justice Department. The Justice Department has appealed that ruling.
Hunter Biden’s lawyers had argued that the same logic should apply to his case, which was initiated by another Justice Department special counsel.
But US District Judge Mark Scarsi pointed out in his ruling that he had already rejected an earlier challenge to Hunter Biden’s appointment of special counsel David Weiss. The judge said there was “no valid basis for review” of that decision.
Scarsi, who was appointed judge by Trump, had accused Hunter Biden’s lawyers of making “false statements” in their court filings urging the judge to dismiss the case over a defense remark that no charges would be filed in the investigation until Weiss was appointed special counsel in August 2023.
The judge noted that Weiss had not yet been appointed special counsel when he charged Hunter Biden with tax crimes as part of a failed settlement last year. Scarsi asked Hunter Biden’s lawyers to explain why they should not be punished.
Hunter Biden’s lawyers responded that they “never attempted to mislead the court.”
In his order Monday, the judge said he would not impose sanctions on defense attorneys for amending their pleas. However, he wrote that the defense’s “conduct deserves a warning: openness is paramount.”
A hearing in the case is scheduled for Wednesday. At the hearing, the judge is expected to hear arguments about what evidence the prosecution and defense can present to the jury.
This is the second criminal trial in a matter of months against the president’s son, who was found guilty in June on three counts in another federal case related to the purchase of a gun in 2018.
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